ARMY | BCMR | CY2006 | 20060010554
The applicant requests, in effect, that his military records be corrected to show the award of the Purple Heart. Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with V Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action against the enemy in Vietnam while serving as a private first class...
ARMY | BCMR | CY2006 | 20060010557
The applicant requests correction of his records to show award of the Afghanistan Campaign Medal and the Bronze Star Medal. The applicant states that the paperwork for award of the Afghanistan Campaign Medal and the Bronze Star Medal were not available at the time of his release from active duty. Army Regulation 600-8-22 (Military Awards) states that individuals authorized the Afghanistan Campaign Medal must have served in direct support of Operation Enduring Freedom (OEF).
ARMY | BCMR | CY2006 | 20060010558C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060010558 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests in a letter to his Senator, in effect, that his records be corrected to show he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge (M-14), the...
ARMY | BCMR | CY2006 | 20060010561
X The Board considered the following evidence: Exhibit A - Application for correction of military records. She was given the option to be transferred to the Retired Reserve if eligible, to be discharged from the USAR with an honorable discharge or to be evaluated by a non-duty related physical evaluation board. While the Board does not doubt the veracity of her claim that she was undergoing a medical evaluation, at the time she voluntarily requested to be honorably discharged from the...
ARMY | BCMR | CY2006 | 20060010566C071029
The applicant provides the following documents in support of the application: Death Certificate; Separation Documents (DD Forms 214), dated 9 August 1967 and 10 June 1969; Officer Qualification Record (DA Form 66), dated 20 December 1968; and United States Army Reserve (USAR) Discharge Orders, dated 17 April 1974. The documents and records submitted by the applicant with the application coincide with the records and documents on file in the FSM's record, and all show his rank as 1LT. The...
ARMY | BCMR | CY2006 | 20060010567C071029
The applicant states, in effect, he received a PH for being wounded in action in January 1968, which is included in his record and on his separation document (DD Form 214), but did not receive a second PH for an incident that occurred on 19 September 1967, when he was flying a helicopter gunship in the An Loc valley in the Republic of Vietnam (RVN). By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a...
ARMY | BCMR | CY2006 | 20060010575C070205
The Court found that the ABCMR never considered the applicant’s objections to the Army’s use of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) code “5293 (intervertebral disc syndrome) even though the VA used VASRD 5295 (lumbosacral strain).” (The Court reversed the codes – the Army used VASRD 5295 and the DVA used VASRD 5293.) On 26 August 1999, an informal PEB found the applicant to be unfit, under VASRD codes 5299 and 5295, due to a diagnosis of chronic low...
ARMY | BCMR | CY2006 | 20060010577C071029
Jerome L. Pionk | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was unable to attend OBC prior to his promotion eligibility date of 28 (sic) November 2004 because he was deployed as a U. S. Army civilian to Iraq from December 2003 to July 2004. By letter dated 13 July 2004, USAHRC – STL informed the applicant he was considered for promotion to 1LT by an Administrative Promotion Board that convened on 22 June 2004 and...
ARMY | BCMR | CY2006 | 20060010580C070205
The applicant’s military records are not available to the Board for review. His DD Form 214 does not show he was authorized any awards during this period of service. The applicant completed a period of honorable service from 21 February 1951 through 25 June 1952.
ARMY | BCMR | CY2006 | 20060010590
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire. Therefore, the applicant has not met the requirements for award of the...
ARMY | BCMR | CY2006 | 20060010591
The applicant requests award of the Purple Heart for wounds received while deployed to the Republic of Vietnam. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060010592
On 8 February 1985, the U.S. Army Finance and Accounting Center (now DFAS) notified the applicant that Retired Pay Operations had been notified by the U.S. Army Military Personnel Center that his entitlement to an additional 10 percent in retired pay (heroism pay) was erroneously awarded due to an error by the Army in notifying them of his eligibility for it. On 13 August 1973, the Army Decorations Board disapproved the applicant's request for a 10 percent increase in his retired pay for...
ARMY | BCMR | CY2006 | 20060010593C071029
The flight records provided by the applicant confirm he accrued 51.4 hours of combat flying hours during the period August through December 1967, while serving in the RVN. As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 30 January 1965 through 11 January 1968. The evidence of record also shows that based on his service and campaign participation in the RVN, he is also entitled to the...
ARMY | BCMR | CY2006 | 20060010598
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to show that he completed a Noncommissioned Officer (NCO) Course at Camp Red Devil, Colorado. Item 27 (Remarks) of the DD Form 214 issued to the applicant on 2 February 1979, the date of his separation from this period of active duty service, does not contain an entry to show that he completed any service schools. The evidence of record in this case confirms the applicant completed a 4-week PNCOC at...
ARMY | BCMR | CY2006 | 20060010599
The applicant provides the following in support of this application: a. a legal brief from his counsel; b. his DD Form 214 (Certificate of Release or Discharge From Active Duty); c. his enlistment contract which shows that he enlisted in the North Carolina Army National Guard on 31 July 2003; d. a portion of his DD Form 2808 (Report of Medical Examination) which shows, in pertinent part, that he tested positive for marijuana, and was informed by letter of the reason for his disqualification...
ARMY | BCMR | CY2006 | 20060010600
The applicant requests, in effect, promotion to pay grade E5 and the difference in pay between pay grade E1 and E5, including pay for unused leave. On 15 March 1977, the applicant was convicted of rape and sodomy. On 22 March 1978 the Army Court of Military Review considered the case and concluded that the available evidence did not show beyond a reasonable doubt that the applicant was guilty.
ARMY | BCMR | CY2006 | 20060010601
The ADRB denied the applicant's request to change his narrative reason for discharge or his RE code. A separation code of "KFS" applies to persons who are separated under the provisions of chapter 10, Army Regulation 635-200. The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned for individuals separated by reason of in lieu of trial by court-martial.
ARMY | BCMR | CY2006 | 20060010603
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060010603 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. He should be awarded the Good...
ARMY | BCMR | CY2006 | 20060010604C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060010604 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He had combat service. Pertinent Army regulations provide that prior to discharge or release from active duty individuals will be assigned RE codes based on their service records or the reason for discharge.
ARMY | BCMR | CY2006 | 20060010613
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show that he had sufficient service to qualify for Department of Veterans Affairs (DVA) benefits. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2006 | 20060010617
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1.
ARMY | BCMR | CY2006 | 20060010618C071029
On 14 June 1971, the applicant was discharged, with an undesirable, under other than honorable conditions discharge, under the provisions of Army Regulation 635-206 after completing 2 years, 5 months, and 14 days of creditable active service with no time lost. On 7 December 1973, the Army Discharge Review Board denied the applicant’s request for an upgrade. Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who was convicted by a civilian court of...
ARMY | BCMR | CY2006 | 20060010627C070205
Specifically, House Resolution Number 4039 states that the following eligibility is established: "(1) without any requirement for service by the member in an designated area as a "hostile fire area" (or by similar designation) or that the member may have been authorized hostile fire pay; (2) without any requirement for a minimum number of instances (in excess of one) in which the member was engaged with the enemy in active ground combat involving an exchange of small arms fire; and (3)...
ARMY | BCMR | CY2006 | 20060010629C071029
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his foreign service from December 2003 to May 2004 and to show he was awarded the Parachutist Badge, the Combat Infantryman Badge (CIB), two awards of the Army Achievement Medal (AAM), two awards of the Army Commendation Medal (ARCOM), and any other awards that may have been given to his unit. The evidence shows the applicant was awarded two ARCOMs. As a result, the...
ARMY | BCMR | CY2006 | 20060010632
On 24 July 1989, the applicant was discharged by reason of misconduct abuse of illegal drugs after completing 2 years, 3 months, and 24 days of active military service. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. A separation code of "JKK" applies to persons who are separated by reason of misconduct abuse of illegal drugs under the provisions of chapter 14-12c, Army Regulation 635-200.
ARMY | BCMR | CY2006 | 20060010635
The WD AGO Form 53-55 that was issued to him at the time of his release from active duty essentially shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Combat Infantryman Badge. While the Board does not doubt the veracity of the applicants claim to entitlement to award of the Purple Heart, there is no evidence in the available records, and...
ARMY | BCMR | CY2006 | 20060010636C071029
If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for filing in the individual’s Military Personnel Records Jacket (MPRJ), DA Form 201. In the absence of evidence of record to show his command disqualified him from award of the Army Good Conduct Medal, it would be equitable to award him the Army Good Conduct Medal for the period 31 October 2001 through 30 October 2004. As a result, the...
ARMY | BCMR | CY2006 | 20060010637
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060010637 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicants military records are not available to the Board for review. The applicant's DD Form 214 shows the Combat Infantryman Badge, the Korean Service Medal with three bronze service stars, the Army of...
ARMY | BCMR | CY2006 | 20060010641
Memorandum, subject: Application for US Army Reserve Appointment, dated 12 January 2004, pertaining to the applicant shows that HRC St Louis sent this memorandum to the applicants commander explaining that if the applicant was unable to accept the appointment within the prescribed 90 days, due to being on mobilization orders, he must submit a request for extension, in writing, to HRC. Both memorandums stated that the applicant was appointed as a Reserve commissioned officer in the grade of...
ARMY | BCMR | CY2006 | 20060010644
The applicant requests, in effect, that his military records be corrected to show the award of the Parachutist Badge with Bronze Service Star and Arrowhead, and the Tunisian Parachutist Badge. The applicant provided an unofficial copy of Headquarters, 173rd Airborne Brigade Permanent Orders Number 145-19, dated 24 May 2004, which essentially shows, in pertinent part, that he was awarded the Parachutist Badge with Bronze Service Star and Arrowhead Device for participating in a parachute...
ARMY | BCMR | CY2006 | 20060010652
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2007 DOCKET NUMBER: AR20060010652 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his undesirable discharge be upgraded to an honorable discharge. However, his DD Form 214 shows that he was issued an Undesirable Discharge Certificate on 12 October 1973.
ARMY | BCMR | CY2006 | 20060010658
The applicant requests, in effect, that his bad conduct discharge be upgraded to a general discharge. The applicant's entire record of service was considered; however, the fact that the applicant received NJP on three occasions, his record of AWOL, and his drug possession, drug dealing and fraudulent enlistment, which resulted in his trial by court-martial and subsequent confinement and bad conduct discharge, shows the applicant did not meet the standards of acceptable conduct and...
ARMY | BCMR | CY2006 | 20060010667
Part VIIc (Comment on Performance/Potential) of the contested report shows the SR concluded as a result of the applicant's request to be removed from his position as the Division G-4 in the face of our upcoming deployment to Iraq, "I" directed his relief. The Rater stated he informed the applicant that he was being relieved of his duties and presented the applicant the contested report. Paragraph 3-2h of Army Regulation 635-105 (Officer Evaluation Reporting System) indicate that rating...
ARMY | BCMR | CY2006 | 20060010677
Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 January 1970, which he authenticated in his own hand, does not show the award of the Purple Heart. The evidence of record shows the applicant was awarded three Bronze Star Medals, one with the V device. Evidence shows that the applicants records contain...
ARMY | BCMR | CY2006 | 20060010679
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060010679 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Evidence of record clearly shows the applicant was awarded the Purple Heart for wounds received in action against the enemy on 11 March 1970. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2006 | 20060010681
The applicant states he was wounded twice in Vietnam. Therefore, there is no basis for awarding the applicant a second or third award of the AGCM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the AGCM for the period 29 February 1964 to 28 February 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
ARMY | BCMR | CY2006 | 20060010689C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2007 DOCKET NUMBER: AR20060010689 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The medical evidence of record which shows the applicant was wounded as a result of hostile action on 21 September 1968 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in...
ARMY | BCMR | CY2006 | 20060010699C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 February 2007 DOCKET NUMBER: AR20060010699 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his discharge date and rank at discharge be corrected. The evidence of record shows he was advanced to PFC, E-3 by the time he was placed on the TDRL on 21 April 1987.
ARMY | BCMR | CY2006 | 20060010700
The records show the ARNG transferred the applicant to the IRR instead of discharging him. The branch manager also stated that based on the fact that the Soldier was never actually discharged and was transferred into the IRR instead, per Army Regulation 601-210, paragraph 5-53, enlisted members may receive a medical waiver for enlistment provided they can show that their physical condition has improved to meet retention criteria. On 18 August 2006, the CAARNG issued the applicant a...
ARMY | BCMR | CY2006 | 20060010705
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 March 2007 DOCKET NUMBER: AR20060010705 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 24 January 1985, the applicant submitted a request for award of the Purple Heart, stating he was wounded in action in Vietnam in August 1971, while serving in the 1st Battalion, 20th Infantry. Evidence shows that the...
ARMY | BCMR | CY2006 | 20060010710
The applicant's military records show he enlisted in the United States Army Reserve (USAR), in pay grade E-1, on 11 August 1998, for 8 years. Army Regulation 40-501, Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), gives the various medical conditions and physical defects which may render a Soldier unfit for further military service. It is a fact finding board to investigate the nature, cause, degree of severity, and probable permanency of the...
ARMY | BCMR | CY2006 | 20060010714
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 February 2007 DOCKET NUMBER: AR20060010714 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 July 1961; therefore, the time for the applicant to file a request for correction of any error or...
ARMY | BCMR | CY2006 | 20060010717C070205
Richard Murphy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding her the KDSM. ______Eric Andersen________ CHAIRPERSON INDEX |CASE ID |AR20060010717 | |SUFFIX | | |RECON |YYYYMMDD | |DATE BOARDED |20060914 | |TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) | |DATE OF DISCHARGE |YYYYMMDD...
ARMY | BCMR | CY2006 | 20060010718C070205
In doing so, the applicant's military records should be corrected to show his Statement for Enlistment United States Army Enlistment Program was amended to include the sentence "If a student loan is accepted by the official processing you for enlistment as payable under the LRP and the government fails to verify that the student loan accepted actually is eligible under the Higher Education Act of 1965 and such failure results in nonpayment of the loan by the LRP or the repayment or default...
ARMY | BCMR | CY2006 | 20060010719C070205
The Promotions Branch requested to have the order expunged from the applicant's records and the request was denied, based on the fact that the Records Management Office was not authorized to remove a document once it had been filed on the OMPF. The evidence of record shows the applicant was issued Order Number 10- 32, dated 10 January 2002, promoting him to SFC, pay grade E-7. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2006 | 20060010721
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), its associated General Officer Punitive Letter of Reprimand (PLOR), and all references to these documents from his Official Military Personnel File (OMPF). The applicant provides: a. Copy of DA Form 2627, dated 31 January 2003, stating that he "did, at Camp New York, Kuwait, on or about 5 December 2002, violate a lawful general regulation, to wit: AR 600-20, Army Command Policy, paragraph 4-14,...
ARMY | BCMR | CY2006 | 20060010724C070205
The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) from his Official Military Personnel File (OMPF) and removal of all references made to the DA Form 2627 that are contained in a DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCO-ER)) that is filed in his OMPF. The applicant's military service records contain a DA Form 2627, along with a written letter of reprimand, the IO's report, and...
ARMY | BCMR | CY2006 | 20060010726C071029
Permanent Orders 295-20, which awarded her the Good Conduct Medal, and which were rescinded, be removed from her Official Military Personnel File (OMPF). The applicant's request for removal of Permanent Orders 109-18 and Permanent Orders 295-20, which awarded her the Good Conduct Medal (2nd Award and 3rd Award), for an incorrect period of good conduct, from her OMPF, has merit. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060010731
The applicant states the awards he received while serving with B Battery, 3rd Battalion, 82nd Field Artillery are not on his DD Form 214 (Certificate of Release or Discharge from Active Duty). In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060010733C070205
Roland Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the processing of this case, a staff advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General. The evidence of record shows the applicant remained credentialed as an ophthalmologist at the U.S. Army Medical Department Activity at Fort George G. Meade, Maryland from 2000 through 2005.